Central Information Commission
Dinesh Chandra Pandey vs Petroleum And Explosives Safety ... on 28 March, 2019
Author: Vanaja N Sarna
Bench: Vanaja N Sarna
क य सूचना आयोग
CENTRAL INFORMATION COMMISSION
बाबा गंगानाथ माग
Baba Gangnath Marg,
मुिनरका, नई द ली -110067
Munirka, New Delhi-110067
Decision no.: CIC/PAESO/A/2017/185380/00304
File no.: CIC/PAESO/A/2017/185380
In the matter of:
Dinesh Chandra Pandey
... Appellant
VS
Central Public Information Officer
Petroleum and Explosive Safety Organization,
A Wing, IInd floor, Kendralaya
63/4, Sanjay Place, Agra - 282 002
... Respondent
RTI application filed on : 16/08/2017 CPIO replied on : 14/09/2017 First appeal filed on : 05/10/2017
First Appellate Authority order : 01/11/2017 Second Appeal dated : 22/12/2017 Date of Hearing : 27/03/2019 Date of Decision : 27/03/2019 The following were present: Appellant: Present
Respondent: Shri Pravesh Kumar, Deputy Controller of Explosive & CPIO. Information Sought:
The appellant has sought the following information:
1. Number of applications received for grant/amendment of licenses in the office of Joint Chief Controller of Explosives, Agra during period September 2016 to July 2017.1
2. Details of officer with name and designation who had granted/amended the particular licenses on receipt of application in the office of Joint Chief Controller of Explosives, Agra during period September 2016 to July 2017.
3. Details of applications which were processed on by hand receipt and also licence/approval/permission granted on same day or within 2-3 days and handed over to person by hand. Also provide information about the details of applications which were received and lying pending for action but by hand applications were processed on urgent basis giving reason of urgency.
4. And various other information.
Grounds for Second Appeal The CPIO did not provide the desired information. Submissions made by Appellant and Respondent during Hearing:
The appellant submitted that an irrelevant reply has been provided to him by the CPIO on 14.09.2017.
The CPIO submitted that an appropriate reply has been provided to the appellant by FAA vide order dated 01.11.2017. He further submitted that all the information is readily available on the organisation's website and since the appellant is an employee of the same organisation, he can use his own login id and password to access the information.
On this point, the appellant raised strong objections. He submitted that he has filed the present RTI application in the capacity of being a citizen of India, so the CPIO's submission that since he is an employee of the organisation and he can access the sought for information is totally wrong and is a breach of his privileged right provided by the RTI Act and thus some punitive action may be initiated against the CPIO.
Observations:
From a perusal of the relevant case records and considering the oral submissions of both the parties, it is noted that the CPIO's reply dated 14.09.2017 is grossly improper as apart from directing the appellant to the concerned website for obtaining the information, it has been stated that since the concerned third party has objected to disclose information related to him, 2 File no.: CIC/PAESO/A/2017/185380 no information can be provided. However, the queries raised by the appellant were general in nature and did not pertain to any third person.
With regard to points no 1, 4 & 5, complete information as available on record should be provided. On point no 2, only the designation of the officers who had granted/amended the particular licenses on receipt of application in the office of Joint Chief Controller of Explosives, Agra during period September 2016 to July 2017 should be provided. With regard to point no 5, since the query is not specific, no relief can be given.
The Commission also expresses its displeasure with the present CPIO for his apparent lack of knowledge regarding the provisions of the RTI Act.
Decision:
The CPIO is directed to re-visit the RTI application and provide a revised point - wise reply under the provisions of the RTI Act as discussed above on points no 1-4 of the above mentioned RTI application, free of cost to the appellant within 10 days from the date of receipt of this order under intimation to the Commission.
A strict warning is also issued to the present CPIO for his negligent attitude and lack of knowledge regarding the provisions of the RTI Act. He should remain careful while making any submission during the hearing before the Commission.
The appeal is disposed of accordingly.
Vanaja N. Sarna (वनजा एन. सरना) Information Commissioner (सूचना आयु ) Authenticated true copy (अिभ मा णत स या पत ित) 3 A.K. Assija (ऐ.के. असीजा) Dy. Registrar (उप-पंजीयक) 011- 26182594 / दनांक / Date 4